SOUTH FLORIDA
your §1031 Qualified Intermediary
You can rely on our expert knowledge
Located in Coconut Grove, Miami – We assist clients in building wealth by accumulating and protecting their assets. We are committed to serving you with unmatched expertise, exceptional customer service and top notch intermediary services for your §1031 exchanges. We provide robust strategies for mitigating capital gain tax liability.
Although we do not provide legal or tax advice in our role as Qualified Intermediary, we expertly guide our clients through the exchange process, generating exchange documents and safely handling exchange funds.
While we work with deals of any size, we have served as the Qualified Intermediary and held sales proceeds on transactions ranging from several hundred thousand to our largest (to date) of $60 million, with our transactions ranging between below $1 million to $6 million range.
Contact
2140 South Dixie Hwy.
Suite 304
Miami, FL 33133
Brian@ClavelleLaw.com
(305) 204-2478
Learn More
§1031 TAX DEFERRED EXCHANGES
Internal Revenue Code (IRC) Section §1031 provides a vehicle for deferring capital gain taxes when disposing of investment property. Thanks to the IRC §1031, a properly structured exchange allows an investor to sell an investment property, and acquire a new property, and potentially defer all capital gain taxes. IRC §1031 (a) (1) states: No gain or loss shall be recognized on the exchange of property held for productive use in a trade or business or for investment, if such property is exchanged solely for property of like-kind which is to be held either for productive use in a trade or business or for investment.
Independent Qualified Intermediary
Your Qualified Intermediary needs to be an independent third party, such as this firm. The IRS specifically states that for the two years prior to your § 1031 transaction, your Qualified Intermediary can not be one of the following: you, your attorney, your tax advisor, your real estate agent or broker, your investment banker or broker, and your family members. If there is a prior relationship between you and your QI within that two-year period the exchange will be invalid, and therefore become taxable.
Delaware Statutory Trusts (DST)
We also work with Delaware Statutory Trusts (“DST) when multiple parties want to take advantage of multiple § 1031 exchanges, rather than being forced to do an exchange with existing partners. Each partner/member is able to set up their own separate § 1031 account in connection with either a buy or sell transaction. The DST structure also enables the sponsor of a real estate project to take in a targeted § 1031 investor to facilitate capital accumulation and use the project as the investor’s § 1031 project. An investor that has § 1031 exchange money by utilizing the DST structure to enable the § 1031 transaction for the targeted investor. / Learn More ➝
Delayed Exchange
Sell Relinquished Property (“RQ”) and, within 180 days thereafter, complete the purchase of Replacement Property (“RP”) / Learn More ➝
Simultaneous Exchange
Sell RQ simultaneous with the purchase of RP / Learn More ➝
Reverse Exchange
Purchase of RP occurs before sale of RQ (sale of RQ must occur within 180 days of the purchase of the RP) / Learn More ➝
Construction or Improvement Exchange
Sell RQ, use exchange accommodation titleholder to acquire and hold RP while proceeds used to construct improvements. Upon completion of improvements, RP conveyed to exchanger / Learn More ➝
Brian P. Clavelle Esq.
Mr. Clavelle has been serving as the Qualified Intermediary for commercial and investment property § 1031 transactions since 2015 and is the founding shareholder of Clavelle Law Group, PA.
Prior to opening the firm, Brian was an associate attorney with the law firm of Goede, Adamczyk & DeBoest, PLLC, representing Condominium and Homeowners Associations. Brian was then an associate attorney at the law firm of Beloff, Parker, Jacobs, where he focused on real estate related litigation, helping to pave the way for his current real estate practice. Today, Brian represents Commercial landlords in leasing and enforcement matters, and serves as an IRC §1031 Qualified Intermediary. Brian works primarily with City National Bank and Professional Bank, and is often used by Saul Ewing for 1031 exchanges in their Miami office.
Brian enjoys spending time with his wonderful wife, two sons and baby daughter, and being out on the water in beautiful Biscayne Bay.
Education: J.D., University of Maryland, 2010, B.A., The American University, 2005
Bar Admissions: FL 92719
